Austin’s conception of sovereignty as an element of law clearly presupposes a pre-legal element as ................ .
the habit of obedience from the bulk of a given society
John Austin defined law as a command of the sovereign backed by sanction. The sovereign is a determinate human superior who receives habitual obedience from the bulk of a given society and is not in the habit of obeying any other superior.
This habit of obedience is a social fact that exists before and independent of law; it is the pre-legal element on which Austin's sovereignty rests. Critics such as H.L.A. Hart pointed out that this social habit is presupposed by the theory.
A determinate source and sanction are parts of Austin's definition of law itself, while purpose in the law belongs to sociological and teleological schools, not Austin's analytical theory.
Hence, the answer is the habit of obedience from the bulk of a given society.
Similar Questions
The most fundamental philosophical assumption of legal positivism is :
'A law is a general rule of human action, taking cognizance only of external acts, enforced by a determinate authority'. Who said this ?
Fiction theory is supported by :
'Animus Possidendi' means :
Law Commission of India recommended that adultery shall not be considered as a crime therefore shall be deleted from IPC, 1860. This recommendation is based on :
Match the following jural correlative : List I (a) Right (b) Privilege (c) Power (d) Immunity List II (i) Liability (ii) Duty (iii) Disability (iv) No Right (a) (b) (c) (d)
The doctrine of mens rea as a running thread in the form of :
Who among the following divided the sources of law into formal sources and material sources ?
In which of the following cases Supreme Court of India laid down the principle that Article 136 is not a regular form of appeal at all ?
Which of the statement is incorrect with regard to the law making power ?
Important Questions from Mixed Topic (MH-SET)
.................... is a client server application that identifies each host on the internet with a unique user-friendly name.
Every OS has a ................ or .......... which primarily resides in the main memory of the computer to perform some of the basic functions of the OS.
(i) Kernel
(ii) Interface
(iii) Nucleus
(iv) Compiler
Codes:
Which of the following are referred to as low level language?
(i) Machine language
(ii) Assembly language
(iii) High level language
(iv) Natural language
Codes:
Match the following:
List I List II (a) New York Public Library (i) Shelv AR (b) Miami University Augmented Research Group (ii) Smart library (c) Oula University Library (iii) Wolf Walk (d) North Carolina State University (iv) Find the future Codes:
Which part of the QR code represents the encoded data?
